HomeMy WebLinkAboutRES 611 Draft 01 2022-2024COUNTY OF HAWAI`I
RESOLUTION NO. ° 1
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A
SIXTY-FIVE (65) YEAR LEASE WITH THE HOUSING AND LAND ENTERPRISE OF
HAWAI`I COUNTY, DBA: HALE O HAWAI`I FOR THE PURPOSES OF
DEVELOPMENT AND CONSTRUCTION OF A BELOW MARKET RATE SINGLE-
FAMILY HOME ON TAX MAP KEY (3) 2-4-051:094 FOR A COMMUNITY LAND
TRUST PROGRAM AT A SET LEASE AMOUNT OF $10.00 PER YEAR.
WHEREAS, on November 9, 2022, the State of Hawaii by way of Executive Order
4686 set aside a 10,125 square feet (0.2324 acres) parcel, situtated on Tax Map Key (3) 2-4-
051:094 for the purpose of affordable housing and related purposes to the County of Hawaii,
through its Office of Housing and Commuity Development; and
WHEREAS, State land under Executive Orders cannot be sold and are restricted to
maximum lease terms of 65 years; and
WHEREAS, Section 171-11, Hawaii Revised Statutes, as amended, provides the County
the power to issue leases for the stated purpose in accordance with the Executive Order; and
WHEREAS, the typical community land trust transaction involves land that is held in fee
by the community land trust with a sale of the improvements to a qualified purchaser and an
underlying 99-year ground lease that will ensure that the affordability status of the project is
maintained during that entire term; and
WHEREAS, the Office of Housing and Community Development has determined that
the Housing and Land Enterprise of Hawaii County, dba: Hale O Hawai`i (hereinafter "Hale O
Hawaii") is a non-profit organization with experience in the development of affordable housing
for low and moderate income households; and
WHEREAS, the County of Hawaii through its Office of Housing and Community
Development proposes to partner with Hale O Hawai`i in a project to enter into a sixty-five (65)
year ground lease with Hale O Hawai`i who will finance and construct a below market rate home
that will be sold by Hale O Hawai`i to an eligible purchaser with an underlying ground sublease,
any subsequent resale of the affordable home will be subject to affordability restrictions; and
WHEREAS, Chapter 2, Article 19, Section 2-120(a)(2), Hawaii County Code, as
amended, provides that the Hawaii County Council may, by resolution approved by a majority
of members, direct the Finance Director to negotiate the disposition of real property by leasing it
to a non-profit organization, at such rentals and on such terms and conditions as deemed proper;
and
WHEREAS, Hawai`i County Code Article 19, section 2-120(b)provides such lease of
real property to a non-profit organization may be made without notice or appraisal; now
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I,that
pursuant to Hawai`i County Code Chapter 2, Article 9, Section 2-120(a)(2), the Director of
Finance is hereby authorized to negotiate a multi-year lease (with renewal options for additional
terms) with Housing and Land Enterprise of Hawaii County, dba: Hale 0 Hawai`i, a non-profit
organization, without notice or appraisal, located at 55-3419 Akoni Pule Highway, PO Box
198900, PMS 332, Hawi, HI 96719 identified as Tax Map Keys (3) 2-4-051:094.
BE IT FURTHER RESOLVED, that the Mayor of the County of Hawai`i or his duly
authorized representative is hereby authorized to execute the lease agreement on behalf of the
County of Hawai`i following its approval by the Council as noted herein.
BE IT FINALLY RESOLVED,that the County Clerk shall transmit a copy of this
resolution to the Office of Management,the Department of Finance, the Office of Housing and
Community Development, and Housing and Land Enterprise of Hawai`i County, dba: Hale 0
Hawai`i.
Dated at Hilo , Hawai`i, this 2nd day of October , 2024.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawai`i EVANS X
GALIMBA X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawaii on October 2, 2024
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
LEE ROY X
VILLEGAS X
9 0 0 0
Reference: C-1017/LAAC-68
CO E IRPERSON&P SIDING OFFICER RESOLUTION NO. -
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